HARYANA ROADWAYS Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) ON 14.6.1971 Haryana Roadways bus No. HRA -1267 left Chandigarh for Delhi at 10.30 a.m., when this bus reached the Mohri Nullah a little beyond Ambala at 12.20 p.m., it hit the side of the bridge and fell into the river bed. Five persons travelling in this bus were killed and a number of other passengers were injured. Amongst the persons killed was Dr. Brijendra Singh Yadav who had got on this bus at Chandigarh and was proceeding to Delhi.

(2.) DR . Brijendra Singh, was an employee of the Government of Rajasthan in in the Department of Animal Husbandry. He died leaving behind his widow Shakuntla Devi and three minor children besides his aged parents. An application under Section 110 -A of the Motor Vehicles Act was filed by Shakuntla Devi and the other persons referred to above seeking Rs. 3 lacs as compensation on account of the death of the deceased.

(3.) THERE is clearly no scope to justify any challenge to the finding of the Tribunal regarding negligence of the bus driver in this case. The manner and circumstances in which the accident took place clearly attracts the principle of res ipsa loquitur in -as -much as buses do not normally fall from road bridges without negligence. In the present case it will be seen that the bridge in question was wide enough to permit two vehicles to go across at the same time. There is no suggestion of any bad weather or defect in the functioning of the bus which could provide any excuse for the bus to have fallen down from the bridge. The plea sought to be put forth on behalf of the bus driver and the other Respondents was to the effect that when the bus reached the bridge there was a truck going ahead of it and another truck came there from the opposite direction at a very fast speed which, on account of the slope of the bridge, could not be seen by the bus driver. In order to avoid a collision with this on -coming truck, the bus driver swerved his vehicle a little towards his left. Unfortunately there happened to be a weak spot at the foot of the railing of the bridge which could not bear its weight and it consequently collapsed with the result that the bus rolled down on to its left side into the rivulet. It was, thus, pleaded that the accident had not taken place on account of any negligence of the bus driver.